74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 338
LC 664/SB 338-4
SENATE AMENDMENTS TO
SENATE BILL 338
By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
April 20
On page 1 of the printed bill, line 2, after 'ORS' insert '
105.464,'.
Delete lines 6 through 27 and delete pages 2 through 8 and
insert:
' { + SECTION 1. + } ORS 468A.460 is amended to read:
' 468A.460. In the interest of the public health and welfare it
is declared to be the public policy of the state to control,
reduce and prevent air pollution caused by { - woodstove
emissions - } { + solid fuel burning devices + }. The
Legislative Assembly declares it to be the public policy of the
state to reduce { - woodstove - } { + solid fuel burning
device + } emissions by encouraging the Department of
Environmental Quality to continue efforts to educate the public
about the { + air quality + }effects of { - woodstove - }
{ + those + } emissions and
{ - the desirability of achieving better woodstove - } { + by
ensuring that solid fuel burning devices used in Oregon meet + }
emission performance { - and heating efficiency - }
{ + standards established in accordance with this section + }.
' { + SECTION 2. + } ORS 468A.465 is amended to read:
' 468A.465. { + (1) + } { - On and after July 1, 1986, - }
A person may not advertise to sell, offer to sell or sell a new
{ - woodstove - } { + solid fuel burning device + } in Oregon
unless { + , pursuant to rules adopted by the Environmental
Quality Commission, the Department of Environmental Quality
certifies that the device meets emission performance standards,
certification labeling standards and all other requirements set
forth in rules adopted by the commission. + } { - : - }
' { - (1) The woodstove has been tested to determine its
emission performance and heating efficiency; - }
' { - (2) The woodstove is certified by the Department of
Environmental Quality under the program established under ORS
468A.480 (1); and - }
' { + (2) The department may certify a solid fuel burning
device that has been certified by the United States Environmental
Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA, as
in effect on the day the commission adopts rules under subsection
(1) of this section. + }
' { - (3) An emission performance and heating efficiency label
is attached to the woodstove. - }
' { + SECTION 3. + } ORS 468A.485 is amended to read:
' 468A.485. { - As used in ORS 468A.490: - }
' { - (1) 'Area that exceeds the PM10 standard' means an area
of the state that exceeds, on or after January 1, 1990, the air
quality standard for PM10 as established by the Environmental
Quality Commission under ORS 468A.025. - }
' { - (2) 'Western interior valleys' means the area of the
state encompassed by the borders of the States of Washington and
California and the crests of the Cascade Mountain Range on the
east and the Coast Range on the west. - }
' { + (1) For the purposes of ORS 468A.020 and 468A.460 to
468A.515:
' (a) 'Pellet stove' means a solid fuel burning device that
uses wood pellets, or other biomass fuels designed for use in
pellet stoves, as its primary source of fuel. The Environmental
Quality Commission may by rule further define what constitutes a
pellet stove.
' (b) 'Residential structure' has the meaning given that term
in ORS 701.005.
' (c) 'Solid fuel burning device' means any device that burns
wood, coal or other nongaseous or nonliquid fuels for aesthetic,
space heating or water heating purposes in a private or
commercial establishment and that has a heat output of less than
one million British thermal units per hour.
' (d) 'Treated wood' means wood of any species that has been
chemically impregnated, painted or similarly modified to prevent
weathering and deterioration.
' (2) For the purposes of ORS 468A.465 to 468A.505 and section
17 of this 2007 Act, 'solid fuel burning device' does not
include:
' (a) Masonry fireplaces built on homesites, or factory-built
fireplaces, that are designed to be used with an open combustion
chamber and without features to control air-to-fuel ratios;
' (b) Woodstoves built before 1940 that have an ornate
construction and a current market value substantially higher than
a common woodstove manufactured during the same period;
' (c) Pellet stoves; and
' (d) Other solid fuel burning devices identified in rules
adopted by the commission. + }
' { + SECTION 4. + } { + Section 5 of this 2007 Act is
added to and made a part of ORS 468A.460 to 468A.515. + }
' { + SECTION 5. + } { + A person may not cause or allow any
of the following materials to be burned in a solid fuel burning
device, fireplace or trash burner:
' (1) Garbage;
' (2) Treated wood;
' (3) Plastic or plastic products;
' (4) Rubber or rubber products;
' (5) Animal carcasses;
' (6) Products that contain asphalt;
' (7) Waste petroleum products;
' (8) Paint;
' (9) Chemicals;
' (10) Paper or paper products, except for paper used to kindle
a fire; or
' (11) Any other materials described in rules adopted by the
Environmental Quality Commission. + }
' { + SECTION 6. + } ORS 468A.490 is amended to read:
' 468A.490. (1) There is created within the State Treasury a
fund known as the Residential { - Wood - } { + Solid Fuel + }
Heating Air Quality Improvement Fund, separate and distinct from
the General Fund.
' (2) All moneys appropriated or received as gifts or grants
for the purposes of this section { + and all moneys recovered by
the Department of Environmental Quality under ORS 468.135 (3)
+ }shall be credited to the Residential { - Wood - }
{ + Solid Fuel + } Heating Air Quality Improvement Fund.
' (3) The State Treasurer may invest and reinvest the moneys in
the fund as provided in ORS 293.701 to 293.820. Interest from the
moneys deposited in the fund and earnings from investment of the
moneys in the fund shall accrue to the fund.
' (4) All moneys in the { - Residential Wood Heating Air
Quality Improvement - } fund are continuously appropriated to
the Department of Environmental Quality to:
' { - (a) Pay all costs incurred by the department in
maintaining residential wood heating emissions inventories,
analyzing projects and programs proposed for funding in
accordance with this section, administering projects and programs
selected for funding in accordance with this section and
implementing the requirements of ORS 468A.475 (2) and 468A.480
(1)(g). - }
{ + ' (a) Pay all costs incurred by the department for
evaluating projects and programs, including projects and programs
proposed by local communities or qualifying organizations, for
project management and oversight of funds awarded for projects
and programs selected in accordance with this section and for
documenting the benefit to air quality from such projects.
' (b) Fund programs established under subsection (5) of this
section in a manner designed to reduce the emission of air
contaminants. + }
' { - (b) Pay all reasonable costs as determined by the
Environmental Quality Commission for local government and
regional authority public education, emission inventory
maintenance, curtailment and opacity programs to reduce
residential wood heating emission in an area that exceeds the
PM10 standard or an area that is at risk of becoming an area that
exceeds the PM10 standard. - }
' { - (c) To the extent moneys remain in the fund after paying
the costs under paragraphs (a) and (b) of this subsection, to
Fund programs established under subsections (5) and (6) of this
section in a manner designed to achieve cost-beneficial
reductions in emission of air contaminants from woodstoves,
attain federal ambient air quality standards before deadlines
specified in the Clean Air Act and maintain compliance with such
standards after the deadlines established in the Clean Air
Act. - }
' { - (d) Not more than 15 percent of the total amount of
moneys received under this section shall be expended for costs
under paragraphs (a) and (b) of this subsection. - }
' { - (5) A portion of the moneys available under subsection
(4) of this section shall be used by the Environmental Quality
Commission to fund a low or no interest loan program for wood
heated households located in the western interior valleys or in
any other county containing an area that exceeds the PM10
standard to replace woodstoves that were not certified under ORS
468A.480 for sale as new on or after July 1, 1986. The program
shall include the following elements: - }
' { + (5) The moneys available under subsection (4) of this
section shall be used by the Department of Environmental Quality
to establish a program to provide grants, loans or other
subsidies for the replacement or removal of solid fuel burning
devices that were not certified to meet emission performance
standards adopted by the Environmental Quality Commission under
ORS chapter 468A for sale as new on or after July 1, 1986, and
before the effective date of this 2007 Act, do not have a
department certification label attached or were not certified by
the department pursuant to ORS 468A.465. In addition to any other
requirements established by rules adopted by the commission, the
program shall provide that: + }
' (a) All forms of new high-efficiency, low air
contaminant-emitting heating systems are allowed { + , except
vent-free heating appliances + };
' (b) Any { - removed woodstove - } { + solid fuel burning
device removed under the program + } must be destroyed;
' (c) Any replacement { - woodstoves - } { + device + }
selected under the program must be installed in conformance with
building code requirements and the manufacturer's specifications
including but not limited to { - chimney - } { + venting + }
specifications; and
' (d) To be eligible, program participants shall participate in
any home energy audit program provided at no charge to the
homeowner and shall obtain all information available regarding
subsidies for cost-effective weatherization. The department shall
make the information required in this subsection readily
available to program participants.
' { - (6) A portion of the moneys available under subsection
(4) of this section shall be used by the commission to fund local
government or regional authority programs to provide subsidies
for replacement of woodstoves that were not certified under ORS
468A.480 for sale as new on or after July 1, 1986, to low income
persons in wood heated households in an area that exceeds the
PM10 standard. The local government or regional authority
programs must include the following elements to be eligible for
funding: - }
' { - (a) All forms of new high-efficiency, low emitting
heating systems are allowed. - }
' { - (b) All woodstoves removed are destroyed. - }
' { - (c) The local government or regional authority adopts
and enforces an ordinance that limits emissions from woodstoves
to no visible smoke, except for steam and heat waves, during
periods of air stagnation and to an average of 20 percent opacity
at all other times except during start up and refueling as
determined by the commission. This requirement shall not be in
lieu of any final stage of woodstove curtailment required during
air stagnation if the final stage of curtailment is necessary to
prevent exceeding air quality standards established under ORS
468A.025 by the latest date allowed under the Clean Air Act to
reach attainment of such standards. - }
' { - (d) In an airshed requiring more than a 50 percent
reduction in woodheating emissions as specified in the State
Implementation Plan control strategy for PM10 emissions, program
participants shall have a backup heat source if a certified
woodstove is selected. - }
' { - (e) Any replacement woodstove selected under the program
must be installed in conformance with building code requirements
and the manufacturer's specifications including but not limited
to chimney specifications. - }
' { - (f) To be eligible, program participants shall
participate in any home energy audit program provided at no
charge to the homeowner and shall obtain all information
available regarding subsidies for cost-effective weatherization.
The local government or regional air quality authority shall make
the information required in this subsection readily available to
program participants. - }
' { + (6) The Department of Environmental Quality may enter
into an agreement with a local government or a regional authority
in order to implement a program established under subsection (5)
of this section. + }
' { + SECTION 7. + } ORS 468A.495 is amended to read:
' 468A.495. { - On and after September 29, 1991, - } The
state building code under ORS 455.010 shall prohibit
installations of used { - woodstoves that were not certified
for sale as new on or after July 1, 1986, under ORS 468A.480
(1). - } { + solid fuel burning devices that:
' (1) Were not certified to meet emission performance standards
adopted by the Environmental Quality Commission pursuant to ORS
chapter 468A for sale as new on or after July 1, 1986, and before
the effective date of this 2007 Act and do not have a Department
of Environmental Quality certification label attached; or
' (2) Were not certified by the department pursuant to ORS
468A.465. + }
' { + SECTION 8. + } ORS 468A.500 is amended to read:
' 468A.500. { - On and after September 29, 1991, no - }
{ + A + } person
{ - shall - } { + may not + } advertise for sale, offer to
sell or sell, within this state, a used { - woodstove that was
not certified under ORS 468A.480 (1) for sale as new on or after
July 1, 1986. - } { + solid fuel burning device that:
' (1) Was not certified to meet emission performance standards
adopted by the Environmental Quality Commission pursuant to ORS
chapter 468A for sale as new on or after July 1, 1986, and before
the effective date of this 2007 Act and does not have a
Department of Environmental Quality certification label attached;
or
' (2) Was not certified by the department pursuant to ORS
468A.465. + }
' { + SECTION 9. + } ORS 468A.505 is amended to read:
' 468A.505. { - After December 31, 1994, all woodstoves,
other than cookstoves, not certified for sale as new on or after
July 1, 1986, under ORS 468A.480 (1) shall be removed and
destroyed upon sale of a home in any PM10 nonattainment area in
the state that does not attain compliance with the PM10 standard
established by the Environmental Quality Commission under ORS
468A.025 by December 31, 1994. - }
' { + (1) In connection with the sale of a residential
structure, all solid fuel burning devices, other than cookstoves,
in the residential structure or on the real property sold with
the residential structure, must be removed and destroyed if the
solid fuel burning devices:
' (a) Were not certified to meet emission performance standards
adopted by the Environmental Quality Commission pursuant to ORS
chapter 468A for sale as new on or after July 1, 1986, and before
the effective date of this 2007 Act and do not have a Department
of Environmental Quality certification label attached; or
' (b) Were not certified by the department pursuant to ORS
468A.465.
' (2) This section does not apply to central, wood-fired
furnaces that are indoors, ducted and thermostatically controlled
and that have a dedicated cold air inlet and a dedicated hot air
outlet that connect to the heating ductwork for the entire
residential structure. To claim this exemption, the person
responsible for removal and destruction of a solid fuel burning
device under this section shall provide to the department written
verification that the exemption applies, pursuant to rules
adopted by the commission.
' (3) The removal and destruction of solid fuel burning devices
under this section is the responsibility of the seller of the
residential structure, unless the seller and buyer agree in
writing that it is the buyer's responsibility. If the seller
retains responsibility, the seller shall remove and destroy the
devices prior to the closing date of the sale of the residential
structure. If the buyer accepts responsibility, the buyer shall
remove and destroy the devices within 30 days of the closing date
of the sale of the residential structure.
' (4) The person responsible for removal and destruction of
solid fuel burning devices under this section shall provide to
the department written confirmation of the removal and
destruction, pursuant to rules adopted by the commission.
' (5) The failure of a seller or buyer of a residential
structure to comply with this section does not invalidate an
instrument of conveyance executed in the sale. + }
' { + SECTION 10. + } ORS 468A.515 is amended to read:
' 468A.515. { + (1) If a local government or regional
authority has not adopted or is not adequately implementing a
curtailment program in any area of the state where such a program
is required under the Clean Air Act, the Environmental Quality
Commission may adopt by rule and the Department of Environmental
Quality may operate and enforce a program to curtail residential
solid fuel heating during periods of air stagnation as described
in subsection (2) of this section. The department shall suspend
operation and enforcement of a program adopted under this
subsection upon a determination by the department that the local
government or regional authority has adopted and is adequately
implementing the required curtailment program. + }
' { - (1) - } { + (2) + } Any programs adopted by the
Environmental Quality Commission { + pursuant to subsection (1)
of this section + } to curtail residential { - wood - }
{ + solid fuel + } heating during periods of air stagnation
shall provide for two stages of curtailment based on the severity
of projected air quality conditions. Except as provided in
subsection { - (2) - } { + (3) + } of this section, the
programs shall apply to all { - woodburning fireplaces,
woodstoves and appliances - } { + heating by means of solid
fuel, including but not limited to solid fuel burning devices,
fireplaces and appliances + }. The programs shall provide that
{ - woodstoves that were certified for sale as new on or after
July 1, 1986, under ORS 468A.480 (1) shall be curtailed only at
the second stage to insure attainment of air quality
standards. - } { + use of a solid fuel burning device,
fireplace or appliance be curtailed only at the stage established
for more severe air quality conditions if the solid fuel burning
device, fireplace or appliance:
' (a) Was certified to meet emission performance standards
adopted by the commission pursuant to ORS chapter 468A for sale
as new on or after July 1, 1986, and before the effective date of
this 2007 Act and has a Department of Environmental Quality
certification label attached; or
' (b) Was certified by the department pursuant to ORS
468A.465. + }
' { - (2) - } { + (3) + } Programs adopted by the
{ + Environmental Quality + } Commission to curtail residential
{ - wood - } { + solid fuel + } heating { + during periods of
air stagnation + } { - shall - } { + do + } not apply to:
' (a) A person who is classified at less than or equal to 125
percent of poverty level pursuant to { + guidelines established
by the commission taking into account + } federal poverty
{ - income - } guidelines
{ - adopted under the Omnibus Budget Reconciliation Act of 1981
(P.L. 97-35) - } ;
' (b) A person whose residence is equipped { - only with wood
heating until such time as funding becomes available for
replacement or woodstoves that were not certified under ORS
468A.480 for sale as new on or after July 1, 1986, and for the
period of time between application for such funds and completion
of the replacement - } { + solely with a solid fuel burning
device that meets any additional requirements as described in
rules adopted by the commission + }; and
' (c) { - Wood burning - } Pellet stoves { + , unless the
stove is located in an area designated as a nonattainment area
for particulates by rule of the commission adopted under ORS
468A.025 + }.
' { - (3) If a local government or regional authority has not
adopted or is not adequately implementing the required
curtailment program, the Environmental Quality Commission may
adopt by rule and the Department of Environmental Quality may
operate and enforce a program to curtail residential wood heating
during periods of air stagnation as specified in subsection (1)
of this section in any area of the state where such a program is
required under the Clean Air Act. The department shall suspend
operation and enforcement of a program adopted under this
subsection upon a determination by the department that the local
government or regional air quality authority has adopted and is
adequately implementing the required curtailment program. - }
' { - (4) Except as provided in this section, after September
29, 1991, the commission shall not adopt or make more stringent
any additional regulatory programs affecting residential wood
heating unless the air quality standard for PM10 established by
the commission under ORS 468A.025 has not been attained in the
state by the latest date, considering extensions, allowed under
the Clean Air Act. Nothing in this section shall be construed to
affect regulatory programs in effect on September 29, 1991. - }
' { + SECTION 11. + } ORS 468A.005 is amended to read:
' 468A.005. As used in ORS chapters 468, 468A and 468B, unless
the context requires otherwise:
' (1) 'Air-cleaning device' means any method, process or
equipment which removes, reduces or renders less noxious air
contaminants prior to their discharge in the atmosphere.
' (2) 'Air contaminant' means a dust, fume, gas, mist, odor,
smoke, vapor, pollen, soot, carbon, acid or particulate matter or
any combination thereof.
' (3) 'Air contamination' means the presence in the outdoor
atmosphere of one or more air contaminants which contribute to a
condition of air pollution.
' (4) 'Air contamination source' means any source at, from, or
by reason of which there is emitted into the atmosphere any air
contaminant, regardless of who the person may be who owns or
operates the building, premises or other property in, at or on
which such source is located, or the facility, equipment or other
property by which the emission is caused or from which the
emission comes.
' (5) 'Air pollution' means the presence in the outdoor
atmosphere of one or more air contaminants, or any combination
thereof, in sufficient quantities and of such characteristics and
of a duration as are or are likely to be injurious to public
welfare, to the health of human, plant or animal life or to
property or to interfere unreasonably with enjoyment of life and
property throughout such area of the state as shall be affected
thereby.
' (6) 'Area of the state' means any city or county or portion
thereof or other geographical area of the state as may be
designated by the Environmental Quality Commission.
' { - (7) 'Woodstove' means a wood fired appliance with a
closed fire chamber which maintains an air-to-fuel ratio of less
than 30 during the burning of 90 percent or more of the fuel mass
consumed in the low firing cycle. The low firing cycle means less
than or equal to 25 percent of the maximum burn rate achieved
with doors closed or the minimum burn achievable. - }
' { + SECTION 12. + } ORS 468A.020 is amended to read:
' 468A.020. (1) Except as provided in this section and in ORS
476.380 and 478.960, the air pollution laws contained in ORS
chapters 468, 468A and 468B do not apply to:
' (a) Agricultural operations and the growing or harvesting of
crops and the raising of fowls or animals, except field burning
which shall be subject to regulation pursuant to ORS 468.140,
468.150, 468A.555 to 468A.620 and 468A.992 and this section;
' (b) Use of equipment in agricultural operations in the growth
of crops or the raising of fowls or animals, except field burning
which shall be subject to regulation pursuant to ORS 468.140,
468.150, 468A.555 to 468A.620 and 468A.992 and this section;
' (c) Barbecue equipment used in connection with any residence;
' (d) Agricultural land clearing operations or land grading;
' (e) Heating equipment in or used in connection with
residences used exclusively as dwellings for not more than four
families, except { - woodstoves - } { + solid fuel burning
devices, + } which shall be subject to regulation under this
section { - , - } { + and + } ORS { + 468.140 and + }
468A.460 to { - 468A.480, 468A.490 and - } 468A.515;
' (f) Fires set or permitted by any public agency when such
fire is set or permitted in the performance of { - its - }
official duty for the purpose of weed abatement, prevention or
elimination of a fire hazard, or instruction of employees in the
methods of fire fighting, which in the opinion of the agency is
necessary;
' (g) Fires set pursuant to permit for the purpose of
instruction of employees of private industrial concerns in
methods of fire fighting, or for civil defense instruction;
' (h) The propagation and raising of nursery stock, except
boilers used in connection with the propagation and raising of
nursery stock;
' (i) The propane flaming of mint stubble; or
' (j) Stack or pile burning of residue from Christmas trees, as
defined in ORS 571.505, during the period beginning October 1 and
ending May 31 of the following year.
' (2) As used in subsection (1) of this section, 'field
burning' does not include propane flaming of mint stubble.
' { + SECTION 13. + } ORS 468.135 is amended to read:
' 468.135. (1) Any civil penalty under ORS 468.140 shall be
imposed in the manner provided in ORS 183.745.
' (2) { + Except as provided in subsection (3) of this
section, + } all penalties recovered under ORS 468.140 shall be
paid into the State Treasury and credited to the General Fund, or
in the event the penalty is recovered by a regional air quality
control authority, it shall be paid into the county treasury of
the county in which the violation occurred.
' { + (3)(a) Except as provided in paragraph (b) of this
subsection, all penalties recovered by the Department of
Environmental Quality for violations of ORS 468A.085 or 468A.700
to 468A.760 or any rule or standard adopted by the Environmental
Quality Commission pursuant to those statutes shall be paid into
the Residential Solid Fuel Heating Air Quality Improvement Fund
established under ORS 468A.490.
' (b) The maximum amount of penalties that may be paid into the
Residential Solid Fuel Heating Air Quality Improvement Fund in a
biennium is $400,000. When the amount of penalties paid into the
fund for a biennium reaches $400,000, any additional penalties
recovered by the department in that biennium shall be paid into
the State Treasury and credited to the General Fund. + }
' { + SECTION 14. + } ORS 468A.300 is amended to read:
' 468A.300. As used in ORS 468.065, 468A.040, 468A.300 to
468A.330, 468A.415, 468A.420 and { - 468A.485 - }
{ + 468A.460 + } to 468A.515:
' (1) 'Administrator' means the administrator of the United
States Environmental Protection Agency.
' (2) 'Clean Air Act' means P.L. 88-206 as amended.
' (3) 'Federal operating permit program' means the program
established by the Environmental Quality Commission and the
Department of Environmental Quality pursuant to ORS 468A.310.
' (4) 'Major source' has the meaning given in section 501(2) of
the Clean Air Act.
' (5) 'Title V' means Title V of the Clean Air Act.
' { + SECTION 15. + } ORS 468A.305 is amended to read:
' 468A.305. The Legislative Assembly declares the purpose of
ORS 184.730, 184.733, 468.065, 468A.020, 468A.040, 468A.045,
468A.155, 468A.300 to 468A.330, 468A.415 { - , - } { + and + }
468A.420 { - and 468A.475 to 468A.520 - } is to:
' (1) { - Insure - } { + Ensure + } that the state meets
its minimum obligations under the Clean Air Act Amendments of
1990.
' (2) Avoid direct regulation of industrial sources of air
pollution through a federal government administered permit
program.
' (3) Prevent imposition of Clean Air Act sanctions
{ - which - } { + that + } would impound federal highway funds
appropriated for the state and increase emission offset
requirements for new and expanding major industrial sources of
air pollution.
' (4) Provide adequate resources to fully cover the costs of
the Department of Environmental Quality to develop and administer
an approvable federal operating permit program in accordance with
the Clean Air Act, including costs of permitting, compliance,
rule development, emission inventorying, monitoring and modeling
and related activities.
' { + SECTION 16. + } { + Section 17 of this 2007 Act is
added to and made a part of ORS 105.462 to 105.492. + }
' { + SECTION 17. + } { + ORS 105.464 preempts any law,
rule, regulation, code or ordinance of the political subdivisions
of this state including, but not limited to, the Lane Regional
Air Protection Agency regarding the disclosure of solid fuel
burning devices, as defined in ORS 468A.485, in connection with a
written offer to purchase real property in this state for which a
seller's property disclosure statement is required under ORS
105.465 and 105.470. + }
' { + SECTION 18. + } ORS 105.464 is amended to read:
' 105.464. A seller's property disclosure statement must be in
substantially the following form:
' _______________________________________________________________
If required under ORS 105.465, a seller shall deliver in
substantially the following form the seller's property disclosure
statement to each buyer who makes a written offer to purchase
real property in this state:
_________________________________________________________________
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces
blank. Please refer to the line number(s) of the question(s)
when you provide your explanation(s). If you are not claiming an
exclusion or refusing to provide the form under ORS 105.475 (4),
you should date and sign each page of this disclosure statement
and each attachment.
Each seller of residential property described in ORS 105.465 must
deliver this form to each buyer who makes a written offer to
purchase. Under ORS 105.475 (4), refusal to provide this form
gives the buyer the right to revoke their offer at any time prior
to closing the transaction. Use only the section(s) of the form
that apply to the transaction for which the form is used. If you
are claiming an exclusion under ORS 105.470, fill out only
Section 1.
An exclusion may be claimed only if the seller qualifies for the
exclusion under the law. If not excluded, the seller must
disclose the condition of the property or the buyer may revoke
their offer to purchase anytime prior to closing the transaction.
Questions regarding the legal consequences of the seller's choice
should be directed to a qualified attorney.
_________________________________________________________________
(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN
EXCLUSION UNDER ORS 105.470)
Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:
You may claim an exclusion under ORS 105.470 only if you qualify
under the statute. If you are not claiming an exclusion, you must
fill out Section 2 of this form completely.
Initial only the exclusion you wish to claim.
___ This is the first sale of a dwelling never occupied. The
dwelling is constructed or installed under building or
installation permit(s) #___, issued by _____.
___ This sale is by a financial institution that acquired the
property as custodian, agent or trustee, or by foreclosure or
deed in lieu of foreclosure.
___ The seller is a court appointed receiver, personal
representative, trustee, conservator or guardian.
___ This sale or transfer is by a governmental agency.
_______________
Signature(s) of Seller claiming exclusion
Date _____
_______________
Buyer(s) to acknowledge Seller's claim
Date _____
_________________________________________________________________
(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL
OUT THIS SECTION.)
Section 2. SELLER'S PROPERTY DISCLOSURE STATEMENT
(NOT A WARRANTY)
(ORS 105.464)
NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY
THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED
AT __________ ('THE PROPERTY').
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE
TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER'S
DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE BUYER'S
OFFER BY DELIVERING BUYER'S SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE
STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING
INTO A SALE AGREEMENT.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE
SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON
BUYER'S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE
FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED
HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller ___ is/ ___ is not occupying the property.
I. SELLER'S REPRESENTATIONS:
The following are representations made by the seller and are not
the representations of any financial institution that may have
made or may make a loan pertaining to the property, or that may
have or take a security interest in the property, or any real
estate licensee engaged by the seller or the buyer.
*If you mark yes on items with *, attach a copy or explain on an
attached sheet.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. TITLE
A. Do you have legal authority to sellYese NoopeUnknown
*B.Is title to the property subject to any of the
following: Yes No Unknown
(1)First right of refusal
(2)Option
(3)Lease or rental agreement
(4)Other listing
(5)Life estate?
*C.Are there any encroachments, boundary
agreements, boundary disputes or recent
boundary changes? Yes No Unknown
*D.Are there any rights of way, easements,
licenses, access limitations or claims that
may affect your interest in the proYestyNo Unknown
*E.Are there any agreements for joint
maintenance of an easement or rightYes wNo? Unknown
*F.Are there any governmental studies, designations,
zoning overlays, surveys or notices that would
affect the property? Yes No Unknown
*G.Are there any pending or existing governmental
assessments against the property? Yes No Unknown
*H.Are there any zoning violations or
nonconforming uses? Yes No Unknown
*I.Is there a boundary survey for the YespeNoy? Unknown
*J.Are there any covenants, conditions,
restrictions or private assessments that
affect the property? Yes No Unknown
*K.Is the property subject to any special tax
assessment or tax treatment that may result
in levy of additional taxes if the property
is sold? Yes No Unknown
2. WATER
A. Household water
(1)The source of the water is (check ALL that apply):
Public Community Private
Other _____
(2)Water source information:
*a.Does the water source require a watYespeNoit?Unknown
If yes, do you have a permit? Yes No
b. Is the water source located on the YespeNoy? Unknown
*If not, are there any written agreements for
a shared water source? Yes No Unknown NA
*c.Is there an easement (recorded or unrecorded)
for your access to or maintenance of the water
source? Yes No Unknown
d. If the source of water is from a well or spring,
have you had any of the following in the past
12 months? Flow test Bacteria test
Chemical contents test Yes No Unknown NA
*e.Are there any water source plumbing problems
or needed repairs? Yes No Unknown
(3)Are there any water treatment systems for
the property? Yes No Unknown
Leased Owned
B. Irrigation
(1)Are there any water rights or other
irrigation rights for the property?Yes No Unknown
*(2If any exist, has the irrigation water been
used during the last five-year periYes No Unknown NA
*(3Is there a water rights certificate or other
written evidence available? Yes No Unknown NA
C. Outdoor sprinkler system
(1)Is there an outdoor sprinkler system for the
property? Yes No Unknown
(2)Has a back flow valve been installeYes No Unknown NA
(3)Is the outdoor sprinkler system opeYesleNo Unknown NA
3. SEWAGE SYSTEM
A. Is the property connected to a public or
community sewage system? Yes No Unknown
B. Are there any new public or community sewage
systems proposed for the property? Yes No Unknown
C. Is the property connected to an on-site septic
system? Yes No Unknown
If yes, was it installed by permit?Yes No Unknown NA
*Has the system been repaired or alYesedNo Unknown
Has the condition of the system been
evaluated and a report issued? Yes No Unknown
Has it ever been pumped? Yes No Unknown NA
If yes, when? __________
*D.Are there any sewage system problems or
needed repairs? Yes No Unknown
E. Does your sewage system require on-site
pumping to another level? Yes No Unknown
4. DWELLING INSULATION
A. Is there insulation in the:
(1)Ceiling? Yes No Unknown
(2)Exterior walls? Yes No Unknown
(3)Floors? Yes No Unknown
B. Are there any defective insulated doors or
windows? Yes No Unknown
5. DWELLING STRUCTURE
*A.Has the roof leaked? Yes No Unknown
If yes, has it been repaired? Yes No Unknown NA
B. Are there any additions, conversions or
remodeling? Yes No Unknown
If yes, was a building permit requiYes? No Unknown NA
If yes, was a building permit obtaiYes? No Unknown NA
If yes, was final inspection obtainYes No Unknown NA
C. Are there smoke alarms or detectorsYes No Unknown
D. Is there a woodstove { +
or fireplace
insert + }
inYesNod in the sale? Unknown
{ +
If yes, what is the + }
make { +
? + }
__________
{ +
*IfYesNo was it installed with a permiUnknown + }
{ +
*If yes, is a certification label issued
by the United States Environmental
Protection Agency (EPA) or the
Department of Environmental Quality
(DEQ) affixed to it? + }
{ +
YesNo Unknown + }
*E.Has pest and dry rot, structural or
'
whole house'
inspection been done
within the last three years? Yes No Unknown
*F.Are there any moisture problems, areas of
water penetration, mildew odors or other
moisture conditions (especially in the
basement)? Yes No Unknown
*If yes, explain on attached sheet the frequency and
extent of problem and any insurance claims,
repairs or remediation done.
G. Is there a sump pump on the propertYes No Unknown
H. Are there any materials used in the
construction of the structure that are or
have been the subject of a recall, class
action suit, settlement or litigatiYes No Unknown
If yes, what are the materials? _____
(1)Are there problems with the materiaYes No Unknown NA
(2)Are the materials covered by a warrYesy?No Unknown NA
(3)Have the materials been inspected? Yes No Unknown NA
(4)Have there ever been claims filed for these
materials by you or by previous ownYes? No Unknown NA
If yes, when? _____
(5)Was money received? Yes No Unknown NA
(6)Were any of the materials repaired or
replaced? Yes No Unknown NA
6. DWELLING SYSTEMS AND FIXTURES
If the following systems or fixtures are included
in the purchase price, are they in good working
order on the date this form is signed?
A. Electrical system, including wiring, switches,
outlets and service Yes No Unknown
B. Plumbing system, including pipes, faucets,
fixtures and toilets Yes No Unknown
C. Water heater tank Yes No Unknown
D. Garbage disposal Yes No Unknown NA
E. Built-in range and oven Yes No Unknown NA
F. Built-in dishwasher Yes No Unknown NA
G. Sump pump Yes No Unknown NA
H. Heating and cooling systems Yes No Unknown NA
I. Security system Owned Leased Yes No Unknown NA
J. Are there any materials or products used in
the systems and fixtures that are or have
been the subject of a recall, class action
settlement or other litigations? Yes No Unknown
If yes, what product? __________
(1)Are there problems with the productYes No Unknown
(2)Is the product covered by a warrantYes No Unknown
(3)Has the product been inspected? Yes No Unknown
(4)Have claims been filed for this product
by you or by previous owners? Yes No Unknown
If yes, when? __________
(5)Was money received? Yes No Unknown
(6)Were any of the materials or products repaired
or replaced? Yes No Unknown
7. COMMON INTEREST
A. Is there a Home Owners' Association
or other governing entity? Yes No Unknown
Name of Association or Other Governing
Entity __________
Contact Person ____________
Address _______________
Phone Number ____________
B. Regular periodic assessments: $___
per Month Year Other ___
*C.Are there any pending or proposed special
assessments? Yes No Unknown
D. Are there shared '
common areas'
or joint
maintenance agreements for facilities like
walls, fences, pools, tennis courts, walkways
or other areas co-owned in undivided interest
with others? Yes No Unknown
E. Is the Home Owners' Association or other
governing entity a party to pending litigation
or subject to an unsatisfied judgmeYes No Unknown NA
F. Is the property in violation of recorded
covenants, conditions and restrictions or in
violation of other bylaws or governing rules,
whether recorded or not? Yes No Unknown NA
8. GENERAL
A. Are there problems with settling, soil,
standing water or drainage on the property
or in the immediate area? Yes No Unknown
B. Does the property contain fill? Yes No Unknown
C. Is there any material damage to the property or
any of the structure(s) from fire, wind, floods,
beach movements, earthquake, expansive soils
or landslides? Yes No Unknown
D. Is the property in a designated floYeslaNo? Unknown
E. Is the property in a designated slide or other
geologic hazard zone? Yes No Unknown
*F.Has any portion of the property been tested
or treated for asbestos, formaldehyde, radon
gas, lead-based paint, mold, fuel or chemical
storage tanks or contaminated soil YeswaNor? Unknown
G. Are there any tanks or underground storage
tanks (e.g., septic, chemical, fuel, etc.)
on the property? Yes No Unknown
H. Has the property ever been used as an illegal
drug manufacturing or distribution Yese?No Unknown
*If yes, was a Certificate of FitneYesisNoed?Unknown
9. FULL DISCLOSURE BY SELLERS
*A.Are there any other material defects
affecting this property or its value
that a prospective buyer should
know about? Yes No
*If yes, describe the defect on attached sheet
and explain the frequency and extent of the
problem and any insurance claims, repairs or
remediation.
B. Verification:
The foregoing answers and attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure statement to all
prospective buyers of the property or their agents.
Seller(s) signature:
SELLER _______________
DATE __________
SELLER _______________
DATE __________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
II. BUYER'S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent
attention to any material defects that are known to me/us or can
be known by me/us by utilizing diligent attention and
observation.
B. Each buyer acknowledges and understands that the disclosures
set forth in this statement and in any amendments to this
statement are made only by the seller and are not the
representations of any financial institution that may have made
or may make a loan pertaining to the property, or that may have
or take a security interest in the property, or of any real
estate licensee engaged by the seller or buyer. A financial
institution or real estate licensee is not bound by and has no
liability with respect to any representation, misrepresentation,
omission, error or inaccuracy contained in another party's
disclosure statement required by this section or any amendment to
the disclosure statement.
C. Buyer (which term includes all persons signing the 'buyer's
acknowledgment' portion of this disclosure statement below)
hereby acknowledges receipt of a copy of this disclosure
statement (including attachments, if any) bearing seller's
signature(s).
DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE
SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2
OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER'S
DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY
DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION
TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE UNLESS YOU
WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER'S
PROPERTY DISCLOSURE STATEMENT.
BUYER _______________ DATE __________
BUYER _______________ DATE __________
Agent receiving disclosure statement on buyer's behalf to sign
and date:
_______________ Real Estate Licensee
_______________ Real Estate Firm
Date received by agent _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
' _______________________________________________________________
' { + SECTION 19. + } { + ORS 468A.470, 468A.475, 468A.480,
468A.510 and 468A.520 are repealed. + }
' { + SECTION 20. + } { + (1) Except as provided in
subsection (2) of this section, the amendments to ORS 468A.505 by
section 9 of this 2007 Act become operative on August 1, 2008.
' (2) The amendments to ORS 468A.505 by section 9 of this 2007
Act become operative on the effective date of this 2007 Act for
the purpose of adopting rules under ORS 468A.505. + }
' { + SECTION 21. + } { + Until the Environmental Quality
Commission first adopts rules pursuant to ORS 468A.465 as amended
by section 2 of this 2007 Act, a person may sell or offer to sell
a new solid fuel burning device in Oregon that has been certified
to meet emission performance standards adopted by the commission
pursuant to ORS chapter 468A on or after July 1, 1986, and before
the effective date of this 2007 Act. + } ' .
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